110 HR 6458 IH: Gasoline Savings and Speed Limit U.S. House of Representatives 2008-07-10 text/xml EN Pursuant to Title 17 Section 105 of the United States Code, this file is not subject to copyright protection and is in the public domain.

I 110th CONGRESS 2d Session H. R. 6458 IN THE HOUSE OF REPRESENTATIVES July 10, 2008 Ms. Speier introduced the following bill; which was referred to the Committee on Transportation and Infrastructure A BILL To establish a national maximum speed limit of 60 miles per hour on highways, and 65 miles per hour on portions of the National Highway System located outside of an urbanized area.

1.

Short title

This Act may be referred to as the Gasoline Savings and Speed Limit Reduction Act of 2008.

2.

Establishment of national maximum speed limits

(a)

National maximum speed limits

Chapter 1 of title 23, United States Code, is amended by inserting after section 149 the following:

150.

National maximum speed limits

(a)

Speed limit requirements

The Secretary shall not approve a project under section 106 in any State which has— (1)a maximum speed limit on any highway within its jurisdiction in excess of 60 miles per hour, other than a highway on the National Highway System located outside of an urbanized area; (2)a maximum speed limit on any highway within its jurisdiction on the National Highway System located outside of an urbanized area in excess of 65 miles per hour; (3)failed to meet the requirements of subsection (b); or (4)a speed limit on any portion of a public highway within its jurisdiction which is not uniformly applicable to all types of motor vehicles using such portion of highway, if on July 1, 2008, such portion of highway had a speed limit which was uniformly applicable to all types of motor vehicles using it, except that— (A)a lower speed limit may be established for any vehicle operating under a special permit because of the weight or dimension of such vehicle, including any load thereon; and (B)this paragraph shall not apply to any portion of a highway during such time that the condition of the highway, weather, an accident, or other condition creates a temporary hazard to the safety of traffic. (b)

Certification

(1)

Certification requirement

Each State shall certify to the Secretary before January 1 of each year, beginning in 2009, that it is enforcing all speed limits on public highways in accordance with this section. (2)

Data requirements

(A)

In general

Each State shall submit to the Secretary such data as the Secretary determines by rule is necessary to support the certification of the State under this subsection, including data required under subparagraph (B). (B)

Data on speed limit violations

(i)

In general

Each State shall submit to the Secretary data on the percentage of motor vehicles exceeding the speed limit on maximum speed limit highways, including data on— (I)citations; and (II)travel speed, including the posted speed limit and design characteristics of roads from which travel speed data are gathered. (ii)

Establishment of criteria

The Secretary shall establish criteria for data submitted under this subparagraph, including criteria which take into account the variability of speedometer readings and criteria based on the speeds of all vehicles or a representative sample thereof. (C)

Data collection

The Secretary shall issue regulations which ensure that— (i)the monitoring programs conducted by the States to collect data for purposes of this subsection are uniform; (ii)devices and equipment for such programs are placed at locations on maximum speed limit highways on a scientifically random basis which takes into account the relative risk, as determined by the Secretary, of motor vehicle accidents occurring considering the classes of such highways and the speeds at which vehicles travel on such classes of highways; and (iii)the data submitted under this subsection will be in such form as the Secretary determines is necessary to carry out this section. (c)

Penalty for underenforcement

(1)

In general

Except as provided in paragraph (2), if the data submitted by a State pursuant to subsection (b) at the end of a fiscal year show that the percentage of motor vehicles exceeding the speed limit on maximum speed limit highways in the State is greater than the maximum percentage established for such fiscal year under this paragraph, the Secretary shall transfer a percentage of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending 2 years later to one or more State safety projects, as follows: (A)

2009

For the fiscal year ending September 30, 2009, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 70 percent, the Secretary shall transfer up to 5 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2011, to one or more State safety projects. (B)

2010

For the fiscal year ending September 30, 2010, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 60 percent,the Secretary shall transfer up to 5 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2012, to one or more State safety projects. (C)

2011

For the fiscal year ending September 30, 2011, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 50 percent, the Secretary shall transfer up to 5 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2013, to one or more State safety projects. (D)

2012

For the fiscal year ending September 30, 2012, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 40 percent, the Secretary shall transfer up to 10 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2014, to one or more State safety projects. (E)

2013

For the fiscal year ending September 30, 2013, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 30 percent, the Secretary shall transfer up to 10 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending September 30, 2015, to one or more State safety projects. (F)

Subsequent years

In a fiscal year following the fiscal year ending September 30, 2013, if the percentage of motor vehicles exceeding the speed limit on maximum speed highways in the State is greater than 30 percent, the Secretary shall transfer up to 10 percent of the aggregate amount of Federal-aid highway funds apportioned to the State under sections 104(b)(1) and 104(b)(3) for the fiscal year ending 2 years later, to one or more State safety projects. (2)

Hardship exemption

Notwithstanding paragraph (1), if the Secretary determines, in accordance with criteria established by the Secretary, that a transfer of funds under paragraph (1) would result in hardship to a State in the fiscal year in which the transfer would apply, the Secretary shall defer the transfer until the subsequent fiscal year. (d)

Definitions

In this section: (1)

Motor vehicle

The term motor vehicle means any vehicle driven or drawn by mechanical power manufactured primarily for use on public highways, except any vehicle operated exclusively on a rail or rails. (2)

Maximum speed limit highway

The term maximum speed limit highway means a highway subject to the speed limits established under paragraphs (1) and (2) of subsection (a). (3)

Safety project

The term safety project means a project carried out for the purpose of safety under this title, including a project to promote the awareness and education of the public concerning highway safety matters (including motorcyclist safety) and to enforce highway safety laws.

. (b)

Study

(1)

In general

The Secretary shall arrange with the Transportation Research Board of the National Academy of Sciences to conduct a comprehensive study and investigation of the following: (A)

Benefits of the program

The benefits, both human and economic, of lowered speeds due to the enactment of this Act, with particular attention to the savings to taxpayers. (B)

Effectiveness of State enforcement

Whether the laws of each State constitute a substantial deterrent to violations of the speed limit on maximum speed limit highways. (2)

Report

In entering into an arrangement with the Transportation Research Board of the National Academy of Sciences for conducting such study and investigation, the Secretary shall request the Board to report to the Secretary and Congress not later than 12 months after the date of enactment of this Act on the results of such study and investigation, together with its recommendations. The Secretary shall furnish to the Board on request any information which the Board considers necessary for the purpose of conducting the investigation and study authorized by this section. (c)

Conforming amendment

The analysis for chapter 1 of title 23, United States Code, is amended by inserting after the item relating to section 149 the following: 150. National maximum speed limits. .